Single-judge oral order dismissing a bail application in an NDPS case involving charas recovery, citing the short expected trial duration and denying bail accordingly.
Bail prayer rejected; trial court directed to conclude trial within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31645 of 2019
Arising Out of PS. Case No.-71 Year-2017 Thana- PALANWA District- East Champaran
======================================================
ANIL PASWAN, s/o Dilar Paswan, r/v-Pakhaniya, P.S.-Ramgadhawa, District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Bharat Bhushan (App156) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
4 07-08-2019
Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in NDPS Case No. 51/2017, arising out of Palanwa P.S. Case No. 71/2017, instituted for offence under Section(s) 20B, 22, 23 and 34 of NDPS Act.
It is alleged that during course of checking one person started running away seeing the police party but on chase he was apprehended. He disclosed his name as petitioner. It is alleged that 2.7 kg. Charas kept in a Gamchha was recovered from possession of petitioner.
Report from the court below regarding present stage of trial has been received wherein it is mentioned that out of six witnesses three witnesses have already been examined. It is mentioned in report that trial will be concluded within six
Patna High Court CR. MISC. No.31645 of 2019(4) dt.07-08-2019 2/2
months.
In view of such, this Court is not inclined to grant bail to petitioner. Accordingly, prayer for bail of petitioner is rejected.
The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt/production of copy of this order, as mentioned in the report, either by fixing the case on day to day basis or by giving short adjournment. The court below will send compliance report to this Court after concluding the trial.
(Sanjay Priya, J)
rakhi/-
U T
1 issue framed by the court
Whether bail should be granted in an NDPS case where the trial is expected to conclude within six months.
ANIL PASWAN
The State of Bihar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
